Land Titles & Deeds

What is the Torrens System?

It is a system for registration of land [and transactions with interest in

land] under which, upon the landowners application, the court may,
after appropriate proceedings, direct the issuance of a certificate of
title. Blacks Law, 5e, 1979; Aquino 2007, p.1

Land Titles & Deeds

What is the object of the Torrens System?

To establish and certify to the ownership of an absolute and

indefeasible title to realty, and to simplify its transfer.

Land Titles & Deeds

Where was the Torrens System devised and first introduced? Who
devised it and when?

South Australia by Sir Robert Torrens in 1857

Land Titles & Deeds

When the Torrens System was implemented in the Philippines, what

was the effect on lands previously registered under the Spanish
Mortgage Law?

All lands granted under said system which are not yet covered by a
certificate of title issued under the Torrens system are considered as
unregistered lands. Section 3, PD 1529

Land Titles & Deeds

What is the purpose of registering property under the Torrens System?

to quiet title of land; to put a stop forever to any question of the

legality of the title, except claims which were noted at the time of
registration, in the certificate, or which may arise subsequent thereto
once a title is registered the owner may rest secure, without the
necessity of waiting in the portals of the courts, or sitting in the
mirador de su casa, to avoid the possibility of losing his land
Legarda v. Saleeby

Land Titles & Deeds

Is registration a means of acquiring ownership?

No. See Republic v. Umali

Land Titles & Deeds

What is the nature of judicial proceedings for the registration of lands?

In rem (binding on the whole world, which necessarily includes all

persons known and unknown)

Land Titles & Deeds

What is the current governing law over property registration in the

Philippines and when was it issued?

Presidential Decree (P.D.) No. 1529 or the Property Registration

Decree, issued on June 11, 1978

Land Titles & Deeds

If there is a conflict between P.D. 1529 and other laws related to

property registration, which prevails?

P.D. 1529 supersedes all other laws related to registration of

property

Land Titles & Deeds

Which court has jurisdiction over registration of title?

RTC
If the value of the lot exceeds
P100,000

MeTC, MTC, MCTC

If the value of the lot does NOT
exceed P100,000

(i.e. 100,001 and above)

P.D. 1529

(i.e. 100,000 or less)

Section 34, B.P. 129; SC A.C.
No. 6-93-A

Land Titles & Deeds

Which agency of the government is charged with the execution of

the laws related to the registration of lands?

The Land Registration Authority (Section 4, P.D. 1529)

Land Titles & Deeds

The LRA is under which departments supervision?

The Department of Justice (Section 24, P.D. 1529)

Land Titles & Deeds

Which office heads the LRA?

The Administrator of the Land Registration Authority (Section 29, P.D.

1529)

Land Titles & Deeds

Who are involved in the appointment of the LRAs Administrator?

An Administrator must be recommended by the Secretary of Justice

and appointed by the President of the Philippines

Land Titles & Deeds

What are the functions of the LRA?

1.

2.
3.
4.

5.

6.

DECS-IV
Issue decrees of registration pursuant to final judgments of the courts in
land registration proceedings and cause the issuance by the Registers
of Deeds of the corresponding certificates of title;
Exercise supervision and control over all Registers of Deeds and other
personnel of the Commission;
Resolve cases elevated en consulta by, or on appeal from decision of,
Registers of Deeds;
Exercise executive supervision over all clerks of court and personnel of
the Courts of First Instance throughout the Philippines with respect to
the discharge of their duties and functions in relation to the registration
of lands;
Implement all orders, decisions, and decrees promulgated relative to
the registration of lands and issue, subject to the approval of the
Secretary of Justice, all needful rules and regulations therefor;
Verify and approve subdivision, consolidation, and consolidation-

Land Titles & Deeds

What is the office of the Register of Deeds?

It is the public repository of records of instruments affecting registered

or unregistered lands and chattel mortgages in the province or city
wherein such office is situated. Section 10, P.D. 1529

Land Titles & Deeds

What are the qualifications of a Register of Deeds and who is involved

in the RODs appointment?

1.
2.

The ROD must have been admitted to practice law in the

Philippines; AND
The ROD must have actually been engaged in the practice of law
for at least 3 years or has been employed for a like period in any
branch of the government the functions of which include
registration of property

The ROD must be recommended by the Secretary of Justice and appointed by

the President of the Philippines

Land Titles & Deeds

What are the duties of the Register of Deeds under Section 10 of P.D. 1529?

1.

2.

To immediately register an instrument presented for registration

dealing with real or personal property, which complies with all the
requisites for registration.
To prepare and keep an index system which contains the names of
all registered owners alphabetically arranged, and all the lands
respectively registered in their names

Land Titles & Deeds

What is the duty of the ROD if the instrument presented is not registrable?

He shall forthwith deny registration thereof and inform the presenter of such
denial in writing, stating the ground or reason therefor, and advising him of his
right to appeal by en consulta in accordance with Section 117 of PD 1529
(Section 10, P.D. 1529)

Land Titles & Deeds

What is the nature of the RODs duty to register an instrument?

It is ministerial in nature. See Baranda v. Gustilo

Land Titles & Deeds

Who or which body has the power to determine whether a document is valid or
not?

The court of competent jurisdiction (Almirol v. ROD Agusan)

Land Titles & Deeds

Are only valid instruments required to be registered?

No. The purpose of registration is merely to give notice. Questions regarding

the effect or invalidity of instruments are expected to be decided after, not
before, registration. Pablo and Co. v. Reyes, et al.

Land Titles & Deeds

When may the ROD deny registration of voluntary instruments?

1.
2.

3.

Where there are more than one copy of the owners duplicate
certificate of title and not all such copies are presented to the ROD;
Where the voluntary instrument bears an infirmity on its face (e.g.
Property is conjugal and only the husband donated 2/3 of the
property in the Deed of Donation); or
Where the validity of the instrument sought to be registered is in
issue in a pending court suit

(Balbin v. Register of Deeds of Ilocos Sur)

4.

When the document sought to be registered is private (Section 112 of

PD 1512)

Land Titles & Deeds

How can interested parties protect their rights if registration is suspended due
to a pending case involving the property?

By filing a proper notice of lis pendens

Land Titles & Deeds

What should the Register of Deeds do in case of doubt as to the proper action
to take on an instrument or deed presented to him for registration?

The ROD should submit the question to the Administrator of the Authority.

Land Titles & Deeds

What are the requisites in ordinary land registration proceedings?

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

13.

Survey of land by the Bureau of Lands or a duly licensed private surveyor;

Filing of application for registration by the applicant;
Setting of the date for the initial hearing of the application by the Court;
Transmittal of the application and the date of initial hearing with all the documents
or other evidences attached thereto by the Clerk of Court to the LRA
Publication of a notice of the filing of the application and date and place of the
hearing in the Official Gazette;
Service of notice upon contiguous owners, occupants and those known to have
interests in the property by the sheriff;
Filing of answer to the application by any person whether named in notice or not;
Hearing of the case by the Court;
Promulgation of judgment by the Court;
Issuance of the decree by the Court declaring the decision final and instructing the
LRA to issue a decree of confirmation and registration;
Entry of the decree of registration in the Land Registration Authority;
Sending of copy of the decree of registration to the corresponding Register of
Deeds; and
Transcription of the decree of Registration in the registration book and issuance of
the owners duplicate original certificate of title to the applicant by the ROD, upon

Land Titles & Deeds

What is the effect of a certificate of title that did not comply with the
requisites under the law?

It is illegal and invalid and may be cancelled by the courts.

Land Titles & Deeds

Who may file an application for ordinary registration of title to land?

The following persons or through their duly authorized representatives:

1. Who by themselves or through their predecessors-in-interest
have been in open, continuous, exclusive and notorious
possession and occupation of alienable and disposable
lands of the public domain under a bona fide claim of
ownership since June 12, 1945, or earlier;
2. Who have acquired ownership of private lands by
prescription under the provisions of existing laws;
3. Who have acquired ownership of private lands or
abandoned river beds by right of accession or accretion
under the existing laws;
4. Who have acquired ownership of land in any other manner
provided for by law (Section 14, PD 1529)

Land Titles & Deeds

If the land is owned in common, what is required for an application for

ordinary registration of title to property?

The co-owners shall file the application jointly (Section 14, PD 1529)

Land Titles & Deeds

Who may file an application for the registration of land if the land has
been sold under pacto de retro?

The vendor (seller). However, if the redemption period expires during

the pendency of the proceedings, and ownership is consolidated in the
vendee a retro (buyer), then the vendee may be the substitute for the
applicant (vendor) and continue the proceedings.

Land Titles & Deeds

Who may file an application for the registration of land if the land is
subject to a trust?

GR: A trustee
XPN: if prohibited by the instrument creating the trust

Land Titles & Deeds

What are the rules concerning the 30-year period required in

acquiring ownership over immovables by prescription
(uninterrupted adverse possession)?

1. The present possessor may complete the period by tacking

his possession to that of his grantor or predecessor-in-interest;
2. The present possessor who was also the possessor at a
previous time, is presumed to have continued to be in
possession during the intervening time in the absence of proof
to the contrary; and
3. The first day shall be excluded and the last day included
Article 1138, Civil Code

Land Titles & Deeds

What is the legal basis for ownership by prescription (uninterrupted

adverse possession)?

Article 1137 of the Civil Code: ownership and other real rights over
immovables also prescribe through uninterrupted adverse possession
thereof for thirty years, without need of title or of good faith

Land Titles & Deeds

What are the three requisites for accretion or alluvion to be

registerable?

1. That the deposit be gradual and imperceptible;

2. That it be made through the effects of the current of the water;
and
3. That the land where accretion takes place is adjacent to the
banks of rivers
Article 457, CC

Land Titles & Deeds

What is the reason behind the law giving the riparian owner the right to
any land or alluvion deposited by a river?

To compensate him for the danger of loss that he suffers because of

the location of his land.

Land Titles & Deeds

If the accretion or alluvion is separated from the principal lots due to a

sudden change in the course of the river, what is the effect on the
ownership of said accretion or alluvion?

There is no effect. The riparian owner still owns the accretion or

alluvion. Article 463, Civil Code

Land Titles & Deeds

Is accretion from a river deemed included as a part of the land already

registered?

No. A petition for registration of the accretion is necessary as a

confirmation of title already vested in the riparian owner by law.

Land Titles & Deeds

Is an accretion from the sea registerable?

No. It is part of the public domain and generally outside of the

commerce of man.

Land Titles & Deeds

Who owns the riverbeds that have been abandoned due to the natural
change in the course of the waters?

They ipso facto belong to the owners whose lands are occupied by the
new course in proportion to the area lost.

Land Titles & Deeds

What is the remedy of owners of lands adjoining a newly abandoned

riverbed that is owned ipso facto by someone whose land is occupied
by water due to the new course of the river?

They have a right to acquire the same by paying the value thereof,
which shall not exceed the value of the area occupied by the new bed.
Article 461, Civil Code

Land Titles & Deeds

Who are generally ineligible to properly file an application for

registration of land?

1.
2.
3.
4.

A public land sales applicant;

A mortgagee or his successor-in-interest;
An antichretic creditor;
A person whose claim of ownership has been previously
denied in a reivindicatory action

Land Titles & Deeds

When may an application include two or more parcels of land

belonging to the applicant?

When they are situated within the same province or city

Land Titles & Deeds

If the names of the occupants and adjoining owners are not known,
what should the applicant do?

The applicant must state the extent of the search made to find them.

Land Titles & Deeds

What are the consequences of an applicant not complying with the

requisite to search for the names of the occupants and the adjoining
owners if not known?

The omission of such search will be considered a deliberate

misrepresentation constituting fraud, a basis for allowing a petition for
review of judgment. (Divina v. CA citing Francisco v. CA)

Land Titles & Deeds

If the application describes the land as bounded by a public or private

way or road, what should the application state?

It should state whether or not the applicant claims any and what
portion of the land within the limits of the way or road, and whether the
applicant desires to have the line of the way or road determined.

Land Titles & Deeds

May the Court require additional facts and papers to be stated in the
application?

Yes. It may even conduct an ocular inspection if necessary. Section

21, PD 1529

Land Titles & Deeds

What is required if the application is a non-resident?

He shall file with his application an instrument in due form appointing

an agent or representative residing in the Philippines, giving his full
name and postal address and shall therein agree that service of any
legal process in the proceedings under or growing out of the
application made upon his agent or representative shall be of the
same legal effect as if made upon the applicant within the Philippines.
Section 16, PD 1529

Land Titles & Deeds

If the agent or representative of a non-resident dies or leaves the

Philippines, what is required of the non-resident?

He must forthwith make another appointment for the substitute.

Section 16, PD 1529

Land Titles & Deeds

If a non-resident fails to appoint a substitute agent or representative,

what may be the consequence?

The court may dismiss the application. Section 16, PD 1529

Land Titles & Deeds

Where should the application for ordinary registration be filed?

The RTC or MTC/MCTC/MeTC (depending on the value of lot) of the

province or city where the land is situated

Land Titles & Deeds

What is required other than the application for ordinary registration of

title to be filed with the court?

1. All original muniments of titles or copies thereof; and

2. A survey plan of the land approved by the Bureau of Lands

Land Titles & Deeds

When shall a Clerk of Court refuse to accept an application for

ordinary registration of title?

If it is not shown that the applicant has furnished the Director of Lands
with a copy of the application and all annexes. Section 17, PD 1529

Land Titles & Deeds

When is there a need to comply with required publication and notice

due to an amendment that has been made to an application for
ordinary registration?

When the amendment consists of:

1. A substantial change in the boundaries;
2. An increase in the area of the land applied for; or
3. The inclusion of additional land

Land Titles & Deeds

Is republication required due to change of name of the applicant?

No.

Land Titles & Deeds

What is the purpose of new publication due to an amendment made

on an application for ordinary registration?

To give notice to all persons concerned regarding the amended

application. Without a new publication the registration court cannot
acquire jurisdiction over the area or parcel of land that is added to the
area covered by the original application and the decision of the
registration court would be a nullity insofar as the decision concerns
the newly included land. Benin v. Tuason

Land Titles & Deeds

What is the nature of a decree of registration?

It is conclusive and final

Land Titles & Deeds

Up till when may persons who possess the qualifications for judicial
confirmation of imperfect or incomplete title file an application for
registration?

The latest extension of the period is up to December 31, 2020.

Land Titles & Deeds

Is there a size requirement for lands to be registered through an

application for judicial confirmation of imperfect or incomplete title?

Yes. The area applied for must not exceed 12 hectares.

Land Titles & Deeds

If a person applied for judicial confirmation of their title at any time

during the intervening period (between the cut-off date and the date of
extension) what is the status of their application?

It is still valid. The extension is retroactive. Director of Lands v. Dano

Land Titles & Deeds

Who may apply for judicial confirmation of their imperfect or

incomplete title?

1. Filipino citizens or their predecessors-in-interest who have

been in open, continuous, exclusive, and notorious
possession and occupation of alienable and disposable lands
of the public domain under a bona fide claim of acquisition
since June 12, 1945 or prior thereto, or even since time
immemorial;
2. Filipino citizens or their p-i-i, who have been in OCEaN P& O
of AL of the PD under a bona fide claimfor at least 30 years
prior to the effectivity of PD 1073 on January 25, 1977, or at
least since January 24, 1947
3. Private corporations or associations which had acquired lands
from 1 or 2;
4. Natural-born citizens of the Philippines who have lost their
PHL citizenship, who have acquired lands from 1 or 2

Land Titles & Deeds

What must an applicant for judicial confirmation of their imperfect or

incomplete title prove?

1. That the land is alienable and disposable land of the public

domain; AND
2. His possession must be for the length of time and in the
manner and concept stated in Section 48(b) of the Public Land
Act as amended (Now Section 14(1) of PD 1529)

Land Titles & Deeds

How may an applicant for judicial confirmation of their imperfect or

incomplete title prove that the land is alienable?

The applicant must secure a certification from the Government that the
lands which he claims to have possessed as owner for more than 30
years (or since June 12, 1945 under PD No. 1073) are alienable and
disposable.

Land Titles & Deeds

Who has the burden to prove that the land is alienable and disposable
in a proceeding for judicial confirmation of imperfect or incomplete
title?

The applicant

Land Titles & Deeds

What is the meaning of possession in Section 14(1), PD 1529 in

relation to judicial confirmation of imperfect or incomplete title?

O-C-E-a-N
Possession is
Open when it is patent, visible, apparent, notorious and not
clandestine.
Continuous when uninterrupted, unbroken and not intermittent or
occasional;
Exclusive when the adverse possessor can show exclusive dominion
over the land and an appropriation of it to his own use and benefit;
and
Notorious when it is so conspicuous that it is generally known and
talked of by the public or the people in the neighborhood.

Land Titles & Deeds

When is the use of land adverse?

When it is open and notorious (Director of Lands v. IAC)

Land Titles & Deeds

When does alienable and disposable land of the public domain

become private property due to incomplete or imperfect title?

Once the conditions under the law have been met (possession and
occupation of alienable and disposable agricultural land of the public
domain for at least 30 years since June 12, 1945 or earlier). The land
is converted to private property by mere lapse or completion of said
period, ipso jure (Director of Lands v. IAC). The application for
confirmation is a mere formality.

Land Titles & Deeds

If a cadastral proceeding declared that the land in question is public,

does that bar a subsequent application for judicial confirmation of
imperfect or incomplete title?

No. As long as said public land remains alienable and disposable and
the time period of possession and occupation has been met.
Director of Lands v. IAC

Land Titles & Deeds

What are the different kinds of lands of the public domain?

1. Public use; (420, CC)

2. Public service and development of national wealth (420, CC);
and
3. Patrimonial property (421, CC)

Land Titles & Deeds

By which right does the State hold properties of the public dominion?

By Regalian right

Land Titles & Deeds

What does res publicae mean?

Incapable of private appropriation

Land Titles & Deeds

What kind of lands may be alienated under the Constitution?

Agricultural lands
Section 2, Article XI, Constitution

Land Titles & Deeds

How is a land converted or withdrawn from public use?

There must be a formal declaration on the part of the government to

withdraw it from being such (Ignacio v. Director of Lands; Roppongi
site)

Land Titles & Deeds

What are the specific kinds of non-registrable properties or lands?

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

Forest or timberland, public forest, forest reserves;

Mangrove swamps;
Mineral
Foreshore and Seashore;
Navigable River, Streams, Channels
Lakes
Military Reservations
Other Reservations
Watershed
Grazing lands
Previously titled
Alluvial man-made deposit along river

Land Titles & Deeds

Which branch of the government has the power/prerogative in

classifying lands?

The Executive Department

Land Titles & Deeds

Does the court have the power to determine the classification of a

land?

No. It is the Executive Branch of the government, through the Office of

the President that has the sole power or prerogative in classifying
lands of the public domain as agricultural, forest, or mineral.

Land Titles & Deeds

How does the Office of the President classify lands of the public
domain?

The positive act may not necessarily, exclusively and absolutely be in

the form of an official proclamation by the President or by an act of
Congress. In most instances, such releases may be done by mere
administrative orders issued by the Secretary of Natural Resources
and by Bureau of Forestry Classification Maps. Any kind of
Presidential issuance is sufficient as long as the intention to declassify
the land into alienable and disposable is clearly and positively manifest
therein.
(Republic v. Animas; Heirs of Jose Amunategui v. Director of Lands)

Land Titles & Deeds

What does classification of land refer to?

It refers to the legal nature or status of the land and is not descriptive
of what the land actually looks like. (Heirs of Jose Amunategui v.
Director of Forestry)

Land Titles & Deeds

How are mangrove swamps classified under the law?

They are considered a part of public forests of the Philippines and are
not alienable under the Constitution and may not be the subject of
private ownership and until and unless they are first released as forest
land and classified as alienable agricultural land.
Director of Forestry v. VIllareal

Land Titles & Deeds

Are mineral lands alienable and disposable?

No. (Constitution and Public Land Act)

Land Titles & Deeds

What is foreshore land?

It is that part of the land which is between high and low water and left
dry by the flux and reflux of the tides. However, If submergence of the
land is due to precipitation (rainfall) it does not become foreshore
despite its proximity to the waters. Reublic v. Alagad

Land Titles & Deeds

Are seashore, foreshoreland, and/or portions of the territorial waters

and beaches registerable?

GR: No
XPN: Unless declared by the executive or legislative branch of the
government as disposable.

Land Titles & Deeds

What is the effect of a non-registerable property being included in a

certificate of title?

It does not convert the same into properties capable of private

ownership or confer title upon the registrant.

Land Titles & Deeds

What are the three elements of a river?

1. The running waters;

2. The bed;
3. The banks

Land Titles & Deeds

What is a creek and what kind of property is it?

It is a recess or arm extending from a river and participating in the ebb

and flow of the sea. It is property belonging to the public domain. Thus,
it is non-registerable under the Torrens system.

Land Titles & Deeds

What is the effect on the legal nature of the creek if the water of a
creek is prevented from flowing in and out of it, due to the construction
of irrigation dikes by the National Irrigation Administration?

None. It is still non-registerable.

Land Titles & Deeds

What is the effect on the title if a person buys land and in the title of
that land a part or the whole of a lake is included?

Title issued on such areas may be cancelled.

Land Titles & Deeds

What is the effect of a military reservation on property?

It segregates the property from the public domain and is incapable of

private ownership.

Land Titles & Deeds

Who has the authority to make reservations on property?

The President has the recognized competence to reserve alienable

lands of the public domain for a specific public use or service by
executive proclamation until otherwise provided by law or
proclamation.

Land Titles & Deeds

What are watersheds?

They are those established by Executive Proclamation, and serve as a

defense against soil erosion and guarantee the steady supply of water.
They are considered natural resources under the Constitution.

Land Titles & Deeds

What is the legal status of a second decree for the same land?

It is null and void

Land Titles & Deeds

Who owns alluvial deposits along the river when they are man-made?

The State. The riparian owner does not acquire ownership thereof.
Such deposit is really an encroachment of a portion of the bed of the
river, classified as property of the public domain under Article 420(1)
and 502(1) of the Civil Code.

Land Titles & Deeds

How long does the Court have to issue an order setting the date and
hour of the initial hearing?

5 days from the filing of the application

Land Titles & Deeds

When should the date of the initial hearing for registration of title be?

It shall not be earlier than 45 days and not later than 90 days from the
date of the order.

Land Titles & Deeds

How should the public be given notice of the initial hearing of the
application for land registration?

1. Publication;
2. Mailing; and
3. Posting

Land Titles & Deeds

Who shall cause the notice of the initial hearing of the application for
land registration?

The Administrator of the Land Registration Authority

Land Titles & Deeds

What are the purposes and effects of publication of the notice of the
application for registration?

1. To confer jurisdiction over the land applied for upon the court;
and
2. To charge the whole world with knowledge of the application of
the land involved, and invite them to take part in the case and
assert and prove their rights over the property subject thereof

Land Titles & Deeds

What is the effect on the decree of registration if it included land or

lands not included in the original application as published?

It must be declared null and void insofar as the land not included in the
publication is concerned. Benin v. Tuason

Land Titles & Deeds

What is the effect on the certificate of title if the difference in the area
included publication and as reproduced in the original certificate of title
is not so substantial?

GR: The failure to publish the bigger area does not perforce affect the
courts jurisdiction (Benin v. Tuason)
XPN: Where the amendment of the original survey plan of the land
applied for was made after the court has rendered its decision, the
case must be re-opened.

Land Titles & Deeds

If the original survey plan is amended during the registration

proceedings by the additional of land not previously included in the
original plan, what should be done?

Publication should be done in order to confer jurisdiction on the court

to order the registration of the area added after the publication of the
original plan.

Land Titles & Deeds

If an amendment to an application for registration involves a reduction

of the original area that was published, what should be done?

Nothing. No new publication is required.

Land Titles & Deeds

Yoda filed an application for ordinary registration of title of Lot 123. 5

days later, the RTC issued an order with the hour and date of the initial
hearing. 14 days before the initial hearing, notice was duly given. 2
days later, the Director of Lands issues a homestead patent covering
the same parcel of land. What is the effect on the courts jurisdiction?

A land registration court which has validly acquired jurisdiction over a

parcel of land for registration of title thereto by the publication of the
application cannot be divested of said jurisdiction by a subsequent
administrative act consisting in the issuance by the Director of Lands
of a homestead patent covering the same parcel of land.
De Los Angeles v. Santos

Land Titles & Deeds

How is publication effected?

It must be published in:

1. The Official Gazette; and
2. A newspaper of general circulation in the Philippines
It must be addressed to all persons appearing to have an interest in
the land involved including the adjoining owners so far as known and
to all whom it may concern. Said notice shall also require all persons
concerned to appear in court at a certain date and time to show cause
why the prayer of said application shall not be granted.

Land Titles & Deeds

To whom should the notice of the initial hearing of registration

proceedings be mailed?

1.

To persons named in the application;

If the applicant requests to have the line of a public way or road determined:
2.

To the Secretary of Public Highways, the Provincial Governor and the Mayor
as the case may be, in which the land lies

If the land borders on a river, navigable steam or shore, or on an arm of the sea
where a river or harbor line has been established, or on a lake, or if it otherwise
appears from the application or the proceedings that a tenant-farmer or the national
government may have a claim adverse to that of the applicant
3.

To the Secretary of Agrarian Reform, the Solicitor General, the Director of

Land Management, the Director of Mines and/or the Director of Fisheries and
Aquatic Resources as may be appropriate

4.

To such other persons as the court may deem proper

Land Titles & Deeds

To whom should the notice be mailed to if the applicant requests to

have the line of a public way or road determined?

To the Secretary of Public Highways, to the Provincial Governor and to

the mayor of the municipality or city as the case may be, in which the
land lies

Land Titles & Deeds

To whom should the notice be mailed if the land borders on a river,

navigable steam or shore, or on an arm of the sea where a river or harbor
line has been established, or on a lake, or if it otherwise appears from the
application or the proceedings that a tenant-farmer or the national
government may have a claim adverse to that of the applicant?

To the Secretary of Agrarian Reform, the Solicitor General, the Director of

Land Management, the Director of Mines and/or the Director of Fisheries
and Aquatic Resources as may be appropriate

Land Titles & Deeds

Where should posting of the initial hearing for registration be made and by
whom?

1.
2.

In a conspicuous place on each parcel of land included in the

application; and
In a conspicuous place on the bulletin board of the municipal building
of the municipality or city in which the land or portion thereof is
situated

Sheriff or deputy

Land Titles & Deeds

When should notice for the initial hearing for registration be made?

At least 14 days before the date of initial hearing

Land Titles & Deeds

What is considered proof of publication and notice?

Certifications
1. By the Administrator of the LRA; AND
2. By the Sheriff concerned

Land Titles & Deeds

Are the certifications by the Administrator of the LRA and the Sheriff
conclusive proof of publication and notice?

GR: Yes
XPN: NOT if the certification is made even prior to the actual publication of the
notice or release for circulation of the Official Gazette or prior to the
completion of the 14-day period of actual posting of such notice

Land Titles & Deeds

When and how long should publication of the notice for the initial hearing of
the application for registration in the Official Gazette or the newspaper in
general circulation be?

At least a 14-day period before the initial hearing

Land Titles & Deeds

Who may oppose an application in ordinary proceedings?

Any person claiming an interest, whether named in the notice or not

Land Titles & Deeds

When may a person oppose an application for ordinary registration?

On or before the date of initial hearing or within such further time as may be
allowed by the court. Section 25, PD 1529

Land Titles & Deeds

When may the court require the parties (to an ordinary registration) to submit a
subdivision plan duly approved by the Director of Lands?

1.

2.
3.
4.

If the opposition or the adverse claim of any person covers only a

portion of the lot and said lot is not properly delimited on the plan
attached to the application; or
In case of undivided co-ownership; or
Conflicting claims of ownership or possession; or
Overlapping of boundaries
Section 25, PD 1529

Land Titles & Deeds

What is a person claiming in land subject to an application for ordinary

registration required to file?

An answer in the form of a verified opposition

Land Titles & Deeds

What kind of interest is required for a person to oppose an application for

registration?

He must claim an interest to the property applied for based on a right of

dominion or some other real right independent of and not at all subordinate to
the rights of the government.
It is immaterial whether the interest is in the character of a legal owner or a
purely equitable nature such as a beneficiary of a trust
(e.g. homesteader who had not yet been issued his title but who had fulfilled
all the conditions required by law to entitle him to a patent; a purchaser of friar
land before the issuance of the patent to him; and persons who claim to be in
possession of a tract of public land and have applied with the Bureau of Lands
for its purchase)

Land Titles & Deeds

What should the owner of buildings and improvements on the land do in a

proceeding for ordinary registration?

She should claim them. If the claim is sustained by the court, the fact of
ownership thereof must be noted on the face of the certificate of title. Absent
such notation, the claim is deemed ADVERSELY resolved.

Land Titles & Deeds

Between a notation in the survey plan that accompanies the petition for
registration and a registered title, which prevails?

The registered title

Land Titles & Deeds

Bob was reading the Official Gazette online and saw that his land was
included in a notice of initial hearing for ordinary registration. He filed a
pleading to oppose the application. However, the judge dismissed his
opposition outright. Bob filed a petition for certiorari, arguing that the judge
acted with grave abuse of discretion due to lack or excess of jurisdiction. Is
Bob right?

No. Although jurisprudence dictates that failure to verify a pleading is not

sufficient to divest the party from his standing in court, it is within the courts
discretion to dismiss an unverified opposition or to allow the oppositor time to
verify his opposition.

Land Titles & Deeds

Against whom does the court enter an order of default in a proceeding for
ordinary registration?

Against persons who did not appear and answer. In other words, even if
someone or some do show to oppose, an order of default is still entered
against anyone else who may have had an interest but did not oppose.

Land Titles & Deeds

What are the effects of an order of default in a proceeding for ordinary

registration?

1.
2.

It bars anyone who did not oppose the application from raising rights
of dominion over the same land.
It also bars anyone from alleging damage or error against the
judgment granting the registration inasmuch as he did not allege to
have any right to such land.

Land Titles & Deeds

What is the remedy of a defaulted interested person in a proceeding for

ordinary registration?

She can file a Motion to Set Aside the order of default due to fraud, accident,
mistake, excusable neglect AND that she has a meritorious defense
(Section 3, Rule 18, ROC:)

Land Titles & Deeds

Sebastian is an adjoining owner of a lot that is the subject of an application for

ordinary registration. From the notice that was sent to him, he saw that part of
his own land was included in the application. The date of the hearing on the
notice is on March 28. He filed a verified opposition in court on March 27. On
March 28, he had a birthday party to go to, and did not go to the hearing. The
RTC judge entered an order finding all who did not attend the hearing
(including Sebastian) in default. Sebastian filed a petition for certiorari, arguing
that the judge acted with grave abuse of discretion. Is Sebastian correct?

Yes.
In Director of Lands v. Santiago, the Supreme Court said that the law did not
intend that failure of the oppositor to appear on the date of the initial hearing
would be a ground for default despite his having filed an answer. Further, it is
improper, even illegal to declare an oppositor in default simply because he
failed to appear at the initial hearing of the application for registration.
Sebastian had timely filed his opposition. His failure to appear on the date of
the initial hearing is not a ground for him to be declared in default.
Thus, the RTC judge should not have declared him in default.

Land Titles & Deeds

What is the appropriate remedy to contest an illegal declaration or order of

default?

A petition for certiorari (Director of Lands v. Santiago)

An appeal is not an adequate remedy for an illegal declaration or order of
default. (Omico Mining and Industrial Corporation v. Vallejos)

Land Titles & Deeds

Are motions to dismiss allowed in land registration cases?

Yes, whether its a motion to dismiss the application or the opposition to such
application.
Rule 132 allows the application of the rules of court in suppletory character
and whenever practical and convenient.

Land Titles & Deeds

END OF PRE-MIDTERM INDEX CARDS/START OF POST-MIDTERM INDEX

CARDS